HYZ No 2 Pty Ltd v Liverpool City Council [2019] NSWLEC 1107

HYZ No 2 Pty Ltd v Liverpool City Council [2019] NSWLEC 1107

Where parties at conciliation agree to revoke an emergency order and the decision is one available to the Court in the proper exercise of its jurisdiction, the Court must dispose of the proceedings in accordance with that decision pursuant to s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
18 March 2019
Procedural Posture
Class 1 Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; emergency order revoked; no order as to costs
Legal Topics
['development Control Order' 'heritage' 'court Ordered Revocation' 'appeal Procedure']
['planning and Environment'] ['development Control Order' 'heritage' 'court Ordered Revocation' 'appeal Procedure']

Case Brief

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Procedural Posture

Class 1 Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether the emergency development control order issued by Council should be revoked on appeal after conciliation.']

Ratio Decidendi

Where parties at conciliation agree to revoke an emergency order and the decision is one available to the Court in the proper exercise of its jurisdiction, the Court must dispose of the proceedings in accordance with that decision pursuant to s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; emergency order revoked; no order as to costs

Orders

  • ['The appeal is upheld.' 'The emergency order dated 9 November 2017 issued to the Applicant by the Respondent pursuant to Part 6 Division 2A of the Environmental Planning and Assessment Act 1979 is revoked.' 'No order as to costs, with the intention that each party pays their own costs.']